Containing and managing spills
357 Containing and managing spills
(1) A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that where there is a risk from a spill or leak of a hazardous chemical in a solid or liquid form, provision is made in each part of the workplace where the hazardous chemical is used, handled, generated or stored for a spill containment system that contains within the workplace any part of the hazardous chemical that spills or leaks, and any resulting effluent.
Maximum penalty:
in the case of an individual – $6 000.
in the case of a body corporate – $30 000.
Note for subregulation (1)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(2) The person must ensure that the spill containment system does not create a hazard by bringing together different hazardous chemicals that are not compatible.
Maximum penalty:
in the case of an individual – $6 000.
in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(3) The person must ensure that the spill containment system provides for the cleanup and disposal of a hazardous chemical that spills or leaks, and any resulting effluent.
Maximum penalty:
in the case of an individual – $6 000.
in the case of a body corporate – $30 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
In subregulation (2):
compatible, for 2 or more substances, mixtures or items, means that the substances, mixtures or items do not react together to cause a fire, explosion, harmful reaction or evolution of flammable, toxic or corrosive vapour.
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